Â鶹APP

UNAT held that UNDT committed an error of law. UNAT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. UNAT noted that the minutes upon which UNDT based its finding were unsigned, undated, and not shared with the Appellant at the time. UNAT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

UNAT considered the Secretary-General¡¯s appeal by a full bench of UNAT. The majority of the judges upheld UNDT¡¯s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for UNDT¡¯s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the UNDT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

On the amount of compensation in lieu of rescission, UNAT held that UNDT correctly applied Article 10(5) of the UNDT Statute. UNAT held that there was no fault with the UNDT¡¯s award of compensation of USD 2,000, noting that UNDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. UNAT held that absent any error of law or manifestly unreasonable factual findings UNAT would not...

UNAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. UNAT held that the Appellant merely reiterated allegations already thoroughly examined by UNDT. UNAT held that the Appellant failed to demonstrate any error in the UNDT findings such as to warrant its reversal. UNAT held that there was no merit in the appeal. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Wright¡¯s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Wright¡¯s application receivable. UNAT held that in light of the UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Alsado¡¯s application receivable. UNAT held that in light of the UNDT¡¯s error in receiving the application, the UNDT¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr. Crotty¡¯s application receivable. UNAT held that in light of UNDT¡¯s error in receiving the application, the UNDT¡¯s...

As a preliminary matter, UNAT denied the Appellant¡¯s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. UNAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to UNDP. UNAT held that the recommendation by OAIS was not an administrative decision. UNAT held that UNDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...

The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by UNDT for moral damages. The Appellant also contested the failure UNDT¡¯s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the UNDT Statute. UNAT decided that Article 10(5)(a) of the UNDT Statute, which corresponds to Article 9 (1)(a) of the UNAT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member¡¯s contract in a non-renewal case. UNAT, therefore, held that the Appellant¡¯s...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in reopening a matter that had already been the subject of a final judgment of UNAT. UNAT considered that UNDT exceeded its competence and erred in law by making its own determination of Mr Sarwar¡¯s harassment complaint, emphasising that the role of the Tribunal is not to substitute its own decision for that of the Administration. UNAT held that UNDT erred when it rescinded the contested decision to close the matter underlying the Appellant¡¯s formal complaint, and when it ruled that there was no need for a new...